ATLANTA — Drivers facing a charge of driving under the influence officially have one more thing to consider, thanks to a decision by the Georgia Supreme Court.
The latest decision by Georgia’s highest court comes in response to a lawsuit filed by Christine Dias in Fulton County.
She was accused of driving under the influence of alcohol to the point where it was less safe for her to drive.
In court, Dias tried to prevent her refusal of a blood alcohol test being used as evidence against her.
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Georgia law already allows that refusal to be used in court as evidence.
While the trial granted her motion to prevent it based on claims of the use being unconstitutional, the Georgia Supreme Court has now affirmed that using a refusal of a blood test as evidence in a DUI case is, in fact, allowed without being a violation of rights.
In Georgia, it is not illegal to refuse a blood test or breathalyzer analysis, but it is also legal for the prosecution to use the refusal as evidence in a DUI case.
The court ruled that refusing a blood test being used as evidence was not a violation of Dias’ Fourth Amendment rights, for protection from unreasonable search and seizure, nor was it a violation of her Fifth Amendment due process rights.
The Georgia Supreme Court remanded the case back to the trial court.
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